By: Lucio S.B. No. 1609
A BILL TO BE ENTITLED
AN ACT
1-1 relating to emergency services districts.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (b), Section 775.012, Health and
1-4 Safety Code, is amended to read as follows:
1-5 (b) The name of the district proposed by the petition must
1-6 be "____________ Emergency Services District No. _______." The
1-7 name of each county must be inserted in the first blank, and the
1-8 next available district number must be inserted into the second
1-9 blank.
1-10 SECTION 2. Subsection (g), Section 775.014, Health and
1-11 Safety Code, is amended to read as follows:
1-12 (g) This section does not apply if the proposed district
1-13 contains territory in [is wholly within] the unincorporated area of
1-14 a county with [that has] a population of 2.4 million or more
1-15 [according to the most recent federal decennial census].
1-16 SECTION 3. Subsection (b), Section 775.018, Health and
1-17 Safety Code, is amended to read as follows:
1-18 (b) If a proposed district is located wholly in a county
1-19 with a population of more than 2.4 million, the commissioners court
1-20 shall order an election to confirm the district's creation and
1-21 authorize the imposition of an ad valorem tax not to exceed three
1-22 cents on each $100 of the taxable value of property taxable by the
1-23 district[, except that if the petition seeks conversion of a rural
1-24 fire prevention district into an emergency services district, the
2-1 election must be to authorize the imposition of an ad valorem tax
2-2 not to exceed six cents on each $100 of the taxable value of
2-3 property taxable by the district]. For the purposes of this
2-4 subsection, the population of the county is determined according to
2-5 the most recent federal decennial census available at the time the
2-6 petition is filed.
2-7 SECTION 4. Subsections (a) and (c), Section 775.022, Health
2-8 and Safety Code, are amended to read as follows:
2-9 (a) If a municipality annexes territory in a district, the
2-10 board shall, on receipt of a written request of the municipality,
2-11 immediately disannex the territory from the district and shall
2-12 cease to provide further services to the residents of that
2-13 territory.
2-14 (c) If a municipality annexes a portion of a district, the
2-15 municipality shall compensate the district in an amount equal to
2-16 the annexed territory's pro rata share of the district's bonded and
2-17 other indebtedness based on the unpaid principal balances and the
2-18 actual property values at the time the territory is annexed. The
2-19 district shall apply compensation received from a municipality
2-20 under this subsection exclusively to the payment of the annexed
2-21 territory's pro rata share of the district's bonded and other
2-22 indebtedness.
2-23 SECTION 5. Subsections (a) and (b), Section 775.031, Health
2-24 and Safety Code, are amended to read as follows:
2-25 (a) A district is a political subdivision of the state. To
2-26 perform the functions of the district and to provide emergency
3-1 services, a district may:
3-2 (1) acquire, purchase, hold, lease, manage, occupy,
3-3 and sell real and personal property or an interest in property;
3-4 (2) enter into and perform necessary contracts;
3-5 (3) appoint and employ necessary officers, agents, and
3-6 employees;
3-7 (4) sue and be sued;
3-8 (5) impose and collect taxes as prescribed by this
3-9 chapter;
3-10 (6) accept and receive donations;
3-11 (7) lease, own, maintain, operate, and provide
3-12 emergency services vehicles and other necessary or proper
3-13 apparatus, instrumentalities, equipment, and machinery to provide
3-14 emergency services;
3-15 (8) construct, lease, own, and maintain real property,
3-16 improvements, and fixtures necessary to house, repair, and maintain
3-17 emergency services vehicles and equipment;
3-18 (9) contract with other entities, including other
3-19 districts or municipalities, to make emergency services facilities
3-20 and emergency services available to the district;
3-21 (10) contract with other entities, including other
3-22 districts or municipalities, for reciprocal operation of services
3-23 and facilities if the contracting parties find that reciprocal
3-24 operation would be mutually beneficial and not detrimental to the
3-25 district; [and]
3-26 (11) borrow money; and
4-1 (12) perform other acts necessary to carry out the
4-2 intent of this chapter.
4-3 (b) A district located wholly within a county with a
4-4 population of more than 2.4 million may not provide fire prevention
4-5 or fire-fighting services unless the district was originally a
4-6 rural fire prevention district and was converted under Section
4-7 794.100 [775.056].
4-8 SECTION 6. Subsection (a), Section 775.034, Health and
4-9 Safety Code, is amended to read as follows:
4-10 (a) The commissioners court of a county in which a
4-11 single-county district is located shall appoint a five-member board
4-12 of emergency services commissioners to serve as the district's
4-13 governing body. To be qualified to serve as a member of the board
4-14 a person must be at least 18 years of age, a resident citizen of
4-15 the state, and a qualified voter within areas served by the
4-16 district or the owner of land subject to taxation in the district.
4-17 Except as prescribed by Subsection (b), commissioners serve
4-18 two-year terms.
4-19 SECTION 7. Subsections (b) and (h), Section 775.035, Health
4-20 and Safety Code, are amended to read as follows:
4-21 (b) After a district located in more than one county is
4-22 created, the county judges of each county in the district shall
4-23 mutually establish a convenient day provided by Section 41.001,
4-24 Election Code [in November, other than the date of the general
4-25 election for state and county officers], to conduct an election to
4-26 elect the initial emergency services commissioners.
5-1 (h) The general election for commissioner shall be held
5-2 annually on an authorized uniform election date as provided by
5-3 Chapter 41, Election Code. The board may change the election date
5-4 from one authorized election date to another authorized election
5-5 date and shall adjust the terms of office to conform to the new
5-6 election date.
5-7 SECTION 8. Section 775.036, Health and Safety Code, is
5-8 amended by amending Subsection (b) and by adding Subsections (e)
5-9 and (f) to read as follows:
5-10 (b) The board may adopt and enforce a fire code, including
5-11 fines for any violations, that does not conflict with a fire code
5-12 adopted by another political subdivision that also contains within
5-13 its boundaries any portion of the land contained in the district
5-14 and may require inspections in the district relating to the causes
5-15 and prevention of fires and medical emergencies, except as provided
5-16 by Section 775.031(b). The board may not enforce the district's
5-17 fire code within the boundaries of a municipality that has adopted
5-18 a fire code. The board of a district located wholly within a
5-19 county with a population of 2.4 million or more may not adopt a
5-20 fire code or a fine for a violation of the district's fire code
5-21 unless the commissioners court of the county consents to the
5-22 adoption of the code or fine.
5-23 (e) Chapter 551, Government Code, does not apply to a
5-24 meeting of a committee:
5-25 (1) of the board if less than a board quorum attends;
5-26 or
6-1 (2) composed of representatives of more than one
6-2 board, if less than a quorum of any of the boards attends.
6-3 (f) Each January, the board shall publish the street address
6-4 of the district's administrative office in eight-point type in the
6-5 legal notices section of a newspaper of general circulation in the
6-6 district. In a district's first year of operation, the board shall
6-7 publish the notice not later than the 60th day after the date the
6-8 initial board is appointed.
6-9 SECTION 9. Section 775.040, Health and Safety Code, is
6-10 amended to read as follows:
6-11 Sec. 775.040. FEES FOR PROVIDING SERVICES. A district, or a
6-12 person authorized by contract on the district's behalf, may charge
6-13 a reasonable fee for emergency services performed for or on behalf
6-14 of a person or entity, including a fee for responding to a false
6-15 alarm or for a fire code inspection.
6-16 SECTION 10. Subchapter C, Chapter 775, Health and Safety
6-17 Code, is amended by adding Sections 775.041 and 775.042 to read as
6-18 follows:
6-19 Sec. 775.041. FEE PAYMENT AND COLLECTION. (a) A fee
6-20 imposed by a district under Section 775.040 must be paid within a
6-21 reasonable amount of time as established by the district.
6-22 (b) If the fee has not been paid in the amount of time
6-23 established by the district, the district may collect the fee by
6-24 filing a complaint in the appropriate court of jurisdiction in the
6-25 county in which the district's principal office or meeting place is
6-26 located.
7-1 (c) If the district prevails in any suit to collect the fee,
7-2 it may, in the same action, recover reasonable fees for attorneys,
7-3 expert witnesses, and other costs incurred by the district in the
7-4 suit. The court shall determine the amount of the attorney's fees.
7-5 Sec. 775.042. REMOVAL OF BOARD MEMBER. (a) A board may
7-6 remove a member if:
7-7 (1) the member is absent from more than half of the
7-8 regularly scheduled board meetings that the member is eligible to
7-9 attend during a calendar year without an excuse approved by a
7-10 majority vote of the board; and
7-11 (2) the other members of the board unanimously vote to
7-12 remove that member.
7-13 (b) Not later than the 30th day after the date of a vote to
7-14 remove a member under Subsection (a), that member may file a
7-15 written appeal for reinstatement to the commissioners court of the
7-16 county in which a single-county district is located or, if the
7-17 district is located in more than one county, the commissioners
7-18 court of the county where the member resides. The court may
7-19 reinstate the member if it finds the removal unwarranted after
7-20 considering:
7-21 (1) a reason for an absence;
7-22 (2) the time and place of a missed meeting;
7-23 (3) the business conducted at a missed meeting; and
7-24 (4) any other factors or circumstances the court
7-25 considers relevant.
7-26 (c) The validity of a board action is not affected because
8-1 it is taken when a ground for removal of a board member exists.
8-2 SECTION 11. Section 775.071, Health and Safety Code, is
8-3 amended to read as follows:
8-4 Sec. 775.071. LIMITATION ON INDEBTEDNESS. Except as
8-5 provided by Section 775.051, Section 775.072, [and] Sections
8-6 775.077-775.081, and Section 775.085, a district may not contract
8-7 for an amount of indebtedness in any one year that is in excess of
8-8 the funds then on hand and anticipated [or that may be paid from
8-9 current] revenues for the year.
8-10 SECTION 12. Section 775.0741, Health and Safety Code, is
8-11 amended to read as follows:
8-12 Sec. 775.0741. AD VALOREM TAX IN DISTRICT LOCATED WHOLLY IN
8-13 POPULOUS COUNTY. (a) This section applies only to [The board of]
8-14 a district located wholly in a county with a population of more
8-15 than 2.4 million [shall prepare annually a budget for the district
8-16 and shall submit the budget to the commissioners court of the
8-17 county for approval. The budget shall be treated in the same
8-18 manner as a budget submitted by a county agency or department].
8-19 (b) The board [commissioners court] shall annually impose an
8-20 ad valorem tax on all real and personal property located in the
8-21 district and subject to district taxation for the district's
8-22 support and the purposes authorized by this chapter.
8-23 (c) The tax may not exceed three cents on each $100 of the
8-24 taxable value of property taxable by the district. If the district
8-25 was originally a rural fire prevention district and was converted
8-26 under Section 794.100 [775.056], the tax may not exceed six cents
9-1 on each $100 of the taxable value of property taxable by the
9-2 district.
9-3 (d) In setting and certifying the tax rate, the board
9-4 [commissioners court] is subject to [the same duties that are
9-5 imposed on a board by] Sections 775.074(b) through (e).
9-6 [(e) The funds collected under this section shall be
9-7 deposited in a county depository except as provided by Section
9-8 775.072(b).]
9-9 SECTION 13. Subchapter E, Chapter 775, Health and Safety
9-10 Code, is amended by adding Section 775.085 to read as follows:
9-11 Sec. 775.085. LOAN FOR EMERGENCY SERVICES EQUIPMENT.
9-12 (a) The board, on the behalf of the district, may borrow money and
9-13 make other financial arrangements to purchase emergency services
9-14 equipment in the amount and subject to a rate of interest or other
9-15 conditions the board considers advisable.
9-16 (b) To secure a loan under this section, the board may
9-17 pledge:
9-18 (1) tax revenues or funds on hand that are not
9-19 otherwise pledged to pay a debt of the district; or
9-20 (2) the equipment acquired with the borrowed money.
9-21 (c) If tax revenues are pledged to pay a loan, the loan must
9-22 mature not later than the fifth anniversary of the date the loan is
9-23 made.
9-24 SECTION 14. Subsection (f), Section 775.074, Health and
9-25 Safety Code, is repealed.
9-26 SECTION 15. (a) This Act takes effect September 1, 1999.
10-1 (b) The changes in law made by Section 6 of this Act in the
10-2 qualifications of, and the prohibitions applying to, members of the
10-3 emergency services commissioners board do not affect the
10-4 entitlement of a member serving on the board immediately before the
10-5 effective date of this Act to continue to carry out the board's
10-6 functions for the remainder of the member's term. The changes in
10-7 law apply only to a member appointed on or after the effective date
10-8 of this Act. This Act does not prohibit a person who is a member
10-9 of the board on the effective date of this Act from being
10-10 reappointed to the board if the person has the qualifications
10-11 required for a member under Section 775.034, Health and Safety
10-12 Code, as amended by this Act.
10-13 SECTION 16. The importance of this legislation and the
10-14 crowded condition of the calendars in both houses create an
10-15 emergency and an imperative public necessity that the
10-16 constitutional rule requiring bills to be read on three several
10-17 days in each house be suspended, and this rule is hereby suspended.